Tag: Article 10 Decision
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Decision finding inapplicability
Decision finding inapplicability. General backgroundA declaratory decision finding inapplicability of the prohibitions laid down in Articles 101 or 102 TFEU can be proposed in exceptional cases where a Commission decision is needed, on a specific issue, in order to avoid or solve a problem …
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Decision finding inapplicability Effects
Decision finding inapplicability: Effects of Article 10 DecisionsAlthough an Article 10 Decision is declaratory in nature (as a corollary of the legal exception system), it is nonetheless capable of producing the legal effects laid down in Article 16 of Regulation 1/2003.More about Deci…
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EU public interest
The notion of "EU public interest"The term 'public' included in the notion of 'EU public interest' has been introduced to underline the public policy dimension and discretionary nature of the Commission's intervention on the basis of Article 10 and, conversely,…
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Administrative Start
Administrative StartThe case will normally be opened "ex officio". In principle, no "request" is necessary, but it is not excluded either (from a party or an NCA).ResourcesSee AlsoReferencesInformation about Administrative Start in the Anti…
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Adoption of the decision by the Commission
Decision finding inapplicability: Adoption of the decision by the CommissionIt needs to be noted that in the case of Article 10 Decisions, the internal procedure to follow for adoption by the Commission could in principle be the written procedure.ResourcesSee AlsoRefer…
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Article 27(4) Publication
Article 27(4) PublicationWhere there is an intention to adopt an Article 10 decision, pursuant to Article 27(4) of Regulation 1/2003, the Commission must publish a concise summary of the case and the main content of the proposed course of action (Article 27(4) Notice).More about Article…